Effective Date: September 10, 2014
Feathr provides a number of services through the Website (all such services, collectively, the "Feathr Service"). Users are able to upload designs, rate designs, comment designs, and purchase products incorporating selected designs, including without limitation, wallpapers and murals (collectively, "Products"). Users who post designs to the Website must carefully read and agree with the Feathr Design Submission Terms and Conditions and comply with their provisions. Feathr may in its sole discretion offer a number of other services on its Website, including without limitation, contests and newsletters, which may change from time to time.
If you purchase Products from Feathr You agree to do so in accordance with Feathr’s Ordering Policy and instructions stated on the Website. Title to the Products you purchase passes to you when the Products are delivered to You.
USE OF THE WEBSITE
- You use the Website only as permitted and solely for Your personal, noncommercial purposes
- You may not modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website and Feathr Service
- You may not copy or distribute any part of the Website in any medium without Feathr’s explicit prior written approval.
Activities that occur on Your account are Your sole responsibility. You may change Your password at any time and you must keep Your account password secure. You agree to immediately notify Feathr if You suspect or know of any unauthorized use of Your password or account or any other breach of security. Feathr cannot and will not be liable for any loss or damage arising from Your failure to comply with the requirements set forth in this section. You acknowledge and agree that Feathr may preserve user information and may also disclose user information, if required to do so by law or if we believe, in good faith, that such preservation or disclosure is reasonably necessary to:
- comply with the requirements set forth by applicable legislation
- respond to claims that any content violates the rights of third parties; or
- protect the rights, property, or personal safety of Feathr, its users, or the public.
Feathr reserves the right to terminate Your access to the Website at any time in its sole discretion and without prior notice.
You agree not to cause harm to the Website or Feathr Service. Specifically, but not by way of limitation, you may not:
- use or launch any automated system or technological devices or programs that access the Website in a manner that sends more request messages to the Feathr servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
- modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Feathr Service;
- interfere with the Website by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; interfere with, or disrupt the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Feathr Website;
- use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet public search engines, who have a permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of materials, but not caches or archives of such materials. Feathr reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion;
- collect or use any personally identifiable information (“Personal information”);
- impersonate another person or entity;
- use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any Users of the Website;
- use any meta tags, search terms, key terms, or the like that contain Feathr name or trademarks;
- engage in any activity that interferes with another user's ability to use the Feathr Service; or
INTELLECTUAL PROPERTY RIGHTS
Any use, copying, or distribution of any of the Content for any commercial purposes is strictly prohibited. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content. You must retain all copyright and other proprietary notices if You copy or print any Content for personal use.
CONTENT SUBMITTED BY USERS
Feathr does not assume responsibility for any of the information, material, or content posted by Users. The interactive nature of the Feathr Service allows Users to post ideas, designs, suggestions, opinions, comments, and observations to the Website. Any content submitted by Users, including but not limited to, text, data, photographs, video, music, sound, chat, messages, files or other material (all of which are referred to as "User Content") are not endorsed by Feathr, and Feathr makes no guarantee and assumes no liability regarding the reliability, accuracy, quality, origin or nature of any User Content that is posted on the Website. You must evaluate and bear any risks related to the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. All User Content posted to the Website are the sole responsibility of the person who originally posted the User Content, and Your sole recourse for any damage You may suffer as a result of any User Content, or any portion thereof, shall be to such individual, and not Feathr.
You shall be solely responsible for Your own User Content and the consequences of submitting, posting or publishing them. By submitting User Content to Feathr, unless expressly stated otherwise You hereby grant Feathr a royalty-free worldwide, exclusive, perpetual, irrevocable, sublicensable, and transferable right and license to use, edit, publish, store, archive, transmit, adapt, modify, reproduce, distribute, prepare derivative works of, display, sell and perform the User Content in connection with the Website and Feathr Service and other Feathr‘s business, including without limitation for promoting, displaying, and redistributing part or all of the Website and/or Feathr Service (and derivative works thereof) in any media now known or hereafter developed and You waive any and all moral rights relating to the User Content.
If you submit a Design to Feathr, You retain all of Your ownership rights in that particular Design and You agree to additional Feathr Design Submission Terms & Conditions..
If You choose to post any User Content on Feathr You understand that Feathr does not guarantee any confidentiality with respect to any User Content. We require that You adhere to generally accepted rules of etiquette and standards of behavior, and that Your use of Feathr reflects Your respect for the legal rights of users connected with Feathr.
Feathr expressly disclaims any and all liability in connection with User Content. Feathr reserves the right to remove Content and User Content in its sole discretion and without prior notice.
RULES OF CONDUCT
The following rules of conduct apply to Your use of the Website and to all User Content you submit to the Website (including but not limited to design submissions, blogs, comments, emails, profiles, or any other portion or feature of the Website).
You must not:
- Upload, post, email or otherwise transmit any material that is libelous, invasive of another’s privacy, defamatory, pornographic, sexually explicit, unlawful or plagiarized;
- Upload, post, email or otherwise transmit any material that infringes or violates any patent, copyright, trademark, trade secret or other proprietary rights of any person;
- Upload, post, email or otherwise transmit any material that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
- Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation, or otherwise engage in commercial activities within the Website
- Upload, post, email, or otherwise transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality or any computer software or hardware or telecommunications equipment;
- Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity;
- Intentionally or unintentionally violate or encourage others to violate any applicable law, statute, ordinance or regulation;
- Provide false or deceptive information;
- Solicit personal information from anyone under 18;
- Breach a duty of confidentiality by which You are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
- Delete, add or otherwise change Content submitted by other Users.
Feathr respects the intellectual property of others, and we require users of the Website to do the same. Feathr contractually prohibits You from uploading Designs or any other User Content that infringe third party intellectual property rights (such as copyright, trademark, trade dress and right of publicity). You may not post, upload, display, submit, modify, distribute, or reproduce in any way any material that is or contains copyrighted material belonging to others, without obtaining their prior written consent. Feathr reserves the right, in its discretion, to remove any User Content and other material submitted by users if it believes that it may infringe the copyright of any third party, and/or to terminate the accounts of users believed to be infringers.
Feathr operates on a "notice and takedown" basis.If You are a copyright owner and believe that any Design, User Content or other material on Feathr Website infringes Your copyrights, You may submit a notification in accordance with the chapter 5 section 22 of the Finnish Act on Provision of Information Society Services (458/2002, as amended)
The notification must include the following:
- name, address, telephone number, email address and other contact information of the notifying party;
- an itemisation of the material, for which prevention of access is requested, and details of the location of the material;
- confirmation by the notifying party that the material which the request concerns is, in his/her sincere opinion, illegally accessible in the communication network;
- information concerning the fact that the notifying party has in vain submitted his/her request to the content producer or that the content producer could not be identified;
- confirmation by the notifying party that he/she is the holder of copyright or neighboring right or entitled to act on behalf of the holder of the right; and
- signature by the notifying party.
Any notification failing to comply with the requirements listed above is ineffective.
Please send the notice to the following address:
Mannerheimintie 136 A 15
00270 Helsinki, Finland
Feathr will notify the content producer of prevention of access to the material supplied by him/her and to supply the content producer with a copy of the notification on the basis of which prevention was made.
If You are the content producer and You consider that prevention is groundless, You may get the material returned by delivering to the notifying party a plea in writing or electronically in accordance with the chapter 5 section 23 of the Finnish Act on Provision of Information Society Services within 14 days of receiving the notification. A copy of the plea must be delivered to Feathr.
The plea must include:
- the name, address, telephone number, email address and other contact information of the content producer;
- the facts and other reasons under which prevention is considered groundless;
- an itemisation of the material for which prevention is considered groundless; and
- signature by the content producer.
Anyone providing incorrect information in the aforementioned notification or plea shall be liable to compensation for damages as set forth in the Chapter 5 Section 25 of the Finnish Act on Provision of Information Society Services or other applicable legislation.
THIRD PARTY WEBSITES
The Website may contain links to third party websites that are not owned or controlled by Feathr. Feathr has no control over, and assumes no responsibility for, the content, quality, suitability, functionality, legality, privacy policies, or practices of any third party website. You acknowledge and agree that Feathr is not responsible for the content on the Internet or on webpages that are contained outside the Website. By using the Website, You specifically release Feathr from any and all liability arising from Your access or use of any third party website, Your correspondence or dealings with other users, advertisers, partners, or other third parties found on or though the Website, and/or Your participation in promotions, sweepstakes, campaigns, or any other venture hosted, endorsed, or sponsored by other users, advertisers, partners, or other third parties.
MODIFICATIONS TO THE WEBSITE
Feathr reserves the right to modify the organization, structure or visual identity of the Feathr Website and Service and may change, suspend, or discontinue any aspect of the Website and the Service at any time without any liability to you or any third party with or without notice. Feathr shall have complete discretion over the features, functions, prices and other terms and conditions on which the Feathr Service is offered to Feathr users. Feathr shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website
TERMINATION OF ACCOUNTS AND ACCESS
Feathr may, under certain circumstances and without prior notice, immediately disable or terminate Your Feathr account, access to the Website, or any other Feathr services. Cause for such termination shall include, but not be limited to:
- requests by law enforcement or other government agencies;
- a request by You (self-initiated account deletions);
- discontinuance or material modification to the Website (or any part thereof);
- unexpected technical or security issues or problems;
- extended periods of inactivity;
- engagement by You in fraudulent or illegal activities; and/or
- nonpayment of any fees owed by You in connection with the Website or any other Feathr product or service.
- Termination of Your Feathr account may include:
- removal of access to all pages within the Website;
- deletion of Your password and all related information, files and materials, including User Submissions associated with or inside Your account (or any part thereof); and
- barring of further use of the Website.
Further, You agree that all terminations for cause shall be made in Feathr’s sole discretion and that Feathr shall not be liable to You or any third party for any termination of Your account, any associated email address, or access to the Website.
LIMITATION OF LIABILITY
IN NO EVENT SHALL FEATHR, OR ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF FEATHR, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY ISSUES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, WEBSITE OR FEATHR SERVICE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR FEATHR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR FEATHR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR FEATHR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR FEATHR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT FEATHR SHALL NOT BE LIABLE FOR CONTENT SUBMITTED BY USERS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Feathr from its facilities in Finland. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Feathr, and any parent, subsidiary, affiliate, successor, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Feathr, from and against any and all alleged claims, claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:
- Your use of and access to the Website and Feathr Service;
- Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
The content provided by Feathr is protected by the laws governing databases, copyright and trademarks and other intellectual property rights. The Feathr Website is owned by Feathr. No portion of the Website may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose without the prior written permission of Feathr. This applies in particular to any copies made with the aid of robots, crawlers or other automatic mechanisms. Any use or modification of the services for purposes for which they were not intended is prohibited.
All of the Feathr trademarks, including but not limited to Feathr, are owned by Feathr and may not be used for any purpose without the prior written permission of Feathr.